Lind v. Uniform Stave & Package Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Douglas county: A. J. Vinje, Circuit Judge. This action was brought to recover damages for the death of plaintiff’s intestate and resulted in a verdict aftd judgment for plaintiff, from which this appeal is taken. On December 24, 1907, about 10 o’clock in the forenoon, the deceased walked into an open tank of hot water at appellant’s plant and met his death in consequence thereof.
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Appeal from a judgment of the circuit court for Douglas county: A. J. Vinje, Circuit Judge. This action was brought to recover damages for the death of plaintiff’s intestate and resulted in a verdict aftd judgment for plaintiff, from which this appeal is taken. On December 24, 1907, about 10 o’clock in the forenoon, the deceased walked into an open tank of hot water at appellant’s plant and met his death in consequence thereof. The tank was thirty-three feet wide and fifty-two feet long, and was divided into three compartments, each ten feet by fifty-two feet, and the water therein was eight…
1Opinion of the Court
Tbe following opinion was filed April 20, 1909:
BabNes, J.
This appeal involves the following questions: (1) Was tbe defendant negligent? (2) Was decedent guilty *187of contributory negligence? (3) Was it error to permit the plaintiff to show that the openings in the top of the vat were guarded after the accident ? (4) Did the court err in charging the jury that the burden of proof was upon the defendant to establish the defense of contributory negligence ?
1. The only ground of negligence on the part of the defendant that it is claimed existed was its failure to surround the open spaces, left in…
2Cases cited22 opinions
- Powell v. Ashland Iron & Steel Co.Wisconsin Supreme Court · 1897
- Randall v. Northwestern Telegraph Co.Wisconsin Supreme Court · 1882
- Baltimore & Potomac Railroad v. CumberlandSupreme Court of the United States · 1900
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- Anderson v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1894
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